( 1 ) THE appellant stands convicted under S. 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and has been awarded 10 years' R. I. and sentence of payment of fine of Rs. 1,00,000/- has also been imposed upon him.

( 2 ) THE prosecution case in brief is that on 17-6-92, when certain persons of Crime Investigation Department were on patrolling, they were informed by somebody that the present accused Mukkan alias Balmukund was having a bag containing contraband opium. After receiving the information from an informer, without taking any warrant or without sending any information to the higher officer, the Department people arranged a raid, apprehended the accused and after taking search of his bag found 6 Kg and 400 gms. contraband opium in his bag. Immediately after the search was over, the matter was informed by PW/4 H. S. Billa to the concerned Magistrate, Dy. Superintendent of Police and Station House In-charge of the concerned Police Station. The substance seized from the accused was sent for its chemical examination. After receiving the reports etc. , the prosecution filed a charge-sheet against the accused. The accused denied the commission of the